Felska v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the General Term of the Superior Court of Buffalo, entered May 21, 1895, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed orders denying motions for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Superior Court of Buffalo, entered May 21, 1895, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed orders denying motions for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. There was no evidence given sufficient to warrant the submission of the case to the jury on the question of either the defendant's negligence or the plaintiff’s contributory negligence. The burden of proof was not sustained by the plaintiff on either of these propositions, and the…
1Opinion of the CourtO’Brien, J.
The plaintiff recovered a judgment in this action for damages for negligently causing the death of her husband and intestate in a collision which occurred at the Broadway street crossing in Buffalo on the 22d of December, 1892.
It appears that the deceased and another person started from a saloon in a wagon drawn by a single horse driven by the deceased, and they proceeded through Broadway easterly to the crossing. When attempting to cross the tracks of the defendant the accident occurred which resulted in his death. The deceased had control of the horse at the time. The day was clear and…
2Cases cited2 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Butler v. Manhattan Railway Co.New York Court of Appeals · 1894
3Cited by11 opinions
- People v. CavinessNew York Court of Appeals · 1975
- State v. JonesSupreme Court of Connecticut · 1938
- Colligan v. FeraCivil Court of the City of New York · 1973
- Lubelfeld v. City of New YorkNew York Court of Appeals · 1958
- People v. JacobsAppellate Division of the Supreme Court of the State of New York · 1992
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